55
55
-
Basic Access to Decent Work
40
80
80
75
40
100
40
20
75
0
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | No | 0 | §59, 62, and 131 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require regular and timely payment of wages? | No | 0 | §63, 73 & 74 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §67 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §10 & 69 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §32, 33 & 36 of the Afghanistan Labour Code, 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §30, 31, 37, 38 & 67 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §38 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §41 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §40 & 69 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §42,43,46 & 47-50 of the Afghanistan Labour Code, 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §14-16 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §14 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §17 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §23-24 & 101 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §25 of the Afghanistan Labour Code, 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §51 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §29 & 126 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §124-125 of the Afghanistan Labour Code, 2007; §19 of the Law on Protection of Child Rights, 2019 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §125 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §55 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §134 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | No | 0 | §134 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | No | 0 | §125 of the Afghanistan Labour Code, 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §112 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §111 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §120-123 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §134 and 141 of the Afghanistan Labour Code, 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §26,134,135,138 & 139 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §134,141,143 &144 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §52, 53 & 56 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law provide for invalidity benefits? | No | 0 | §137 of the Afghanistan Labour Code, 2007 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §8 & 9 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §5 & 30, Law on Elimination of VAW 2009; §2(4), 3(6), 9(1), 12 & 13, Law on Prevention & Prohibition of Harassment 2018 | No Change |
| Does the law prohibit discrimination in employment matters? | No | 0 | §22 of the Afghanistan's Constitution; §9 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law allow women to do the same job as men? | No | 0 | §22 & 50 of the Afghanistan's Constitution; §2, 9 & 120-121 of the Afghanistan Labour Code, 2007 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §13 of the Afghanistan Labour Code, 2007; §48, 49 of the Law on Protection of Child Rights | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §48-49, Law on Protection of Child Rights; §5 & 17, Education Law, 2008 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §13 & 120, Labour Code 2007; §613, Penal Code, 2017; §63, Law on Protection of Child Rights, 2019 | No Change |
| Does the law prohibit forced labour? | No | 0 | §4, Labour Code, 2007; §37 of the Law on the Elimination of Violence Against Women, 2009 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §49 of the Afghanistan Labour Code 2007; §2 of the Law on Social Organizations 2003 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | USDOS CRHRP 2021 (Afghanistan) | No Change |
| Does the law provide the right to strike? | No | 0 | §2,3,4 & 22 of the Law on Assemblies, Strikes and Demonstrations, 2003 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | USDOS CRHRP 2021 (Afghanistan) | No Change |